MUKESH KUMAR MEENA S/O SUVA LAL MEENA v. STATE OF RAJASTHAN
CRLMP/7377/2024 · 2025-01-03
Ashutosh Kumar
body2025
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[ 2025 DAILYLAW 32428 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 32428 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:301] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Petition No. 7377/2024
1. Mukesh Kumar Meena S/o Suva Lal Meena, Aged About 43 Years, Resident Of S/o Suva Lal Meena, Mavda, Dhani, Kalakho, Dausa, Kalakho, Ambadi, Rajasthan, Pin 303501.
2. Mausam Devi Meena W/o Shri Mukesh Kumar Meena, Aged About 37 Years, Resident Of W/o Mukesh Kumar Meena, Mawda, Kalakho, Kalakho Ambadi, Dausa, Rajasthan , Pin-
303501.
3. Nilesh Meena S/o Mukesh Kumar Meena, Aged About 19 Years, Resident Of S/o Mukesh Kumar Meena, Ambari, Dausa, Rajasthan, Pin 303501.
4. Lalu Parshad Meena S/o Suva Lal Mena, Aged About 26 Years, Resident Of S/o Suva Lal Meena, Kalakho, Dausa, Rajasthan, Pin 303501. ----Petitioners Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Rinku Kumar Meena Son Of Shri Mansingh Meena, Aged About 25 Years, Permanent Resident Of Kalakho, Ambadi, Sikandra, Dausa, Rajasthan, Pin 303501.
3. Mansingh Meena, Permanent Resident Of Kalakho, Ambadi, Sikandra, Dausa, Rajasthan, Pin 303501.
4. Kali Devi W/o Mansingh Meena, Permanent Resident Of Kalakho, Ambadi, Sikandra, Dausa, Rajasthan, Pin 303501. ----Respondents For Petitioners : Mr. Manish Kumar Meena, Adv. For Respondents : Mr. Manvendra Singh Shekhawat, PP Mr. Avtar Singh Rathore, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 03/01/2025
1. By way of this criminal misc. petition under Section 528 of B.N.S.S., the petitioners have approached this Court with a prayer
[2025:RJ-JP:301] (2 of 4) [CRLMP-7377/2024] for quashing of the FIR No.369/2024 registered at Police Station Sikandra, District Dausa mainly on the ground that the parties have entered into compromise and amicably settled their dispute and now no dispute remains between them.
2. As per the brief facts of the case, on 18.07.2024, an FIR bearing registration No.369/2024 was registered at Police Station Sikandra, District Dausa for the offences punishable under Sections 115(2), 126(2), 352 and 351(3) read with Section 3(5) of B.N.S., 2023. During pendency of this matter, both the parties have entered into compromise and amicably settled their dispute. Therefore, the present petition has been filed to quash the criminal proceedings on the basis of the compromise arrived at between the parties.
3.
Learned counsel for the petitioners submitted that both the parties have entered into compromise and have settled their dispute amicably and therefore, prayed that the present petition be allowed and the criminal proceedings arising out of the FIR No.369/2024 registered at Police Station Sikandra, District Dausa be quashed and set aside.
4. On 09.12.2024, the Coordinate Bench of this Court directed the parties to appear before the Investigating Officer for verification of compromise and after investigation, the Investigating Officer was further directed to submit verification report along with the case diary on the next date of hearing.
5. Today, learned Public Prosecutor has produced the factual report dated 15.12.2024 submitted by SHO, Police Station Sikandra, District Dausa, in which it has been mentioned that both
[2025:RJ-JP:301] (3 of 4) [CRLMP-7377/2024] the parties have settled their dispute amicably at family and social level and the complainant does not wants to prosecute the matter further. The factual report dated 15.12.2024 is taken on record. As per the said factual report, the allegations levelled against the petitioners were with regard to the offences punishable under Sections 115(2), 126(2), 352, 351(3), 118(1) and 118(2) read with Section 3(5) of B.N.S., 2023, however, the offences punishable under Sections 118(1) and 118(2) of B.N.S., 2023 are non-compoundable.
6.
Learned counsel appearing on behalf of the complainant- respondents has admitted the factum of the compromise arrived at between the parties and has no objection if the criminal proceedings in this matter are quashed and set aside.
7. Heard learned counsel for the parties and perused the material available on record.
8. In view of the aforesaid and considering the fact that the parties have resolved their disputes amicably and also considering that the present case is wholly covered by the principle of law laid down by Hon'ble the Supreme Court in the case of Gian Singh Vs. State of Punjab & Anr. reported in 2012 Cr.L.J. (SC) 4934 and in the case of State of Haryana & Ors. Vs. Choudhary Bhajan Lal & Ors. [AIR 1992 SC 604], the criminal proceedings are liable to be quashed.
9. In view of the above, this criminal misc. petition is allowed and the criminal proceedings arising out of the FIR No.369/2024 registered at Police Station Sikandra, District Dausa be quashed
[2025:RJ-JP:301] (4 of 4) [CRLMP-7377/2024] and set aside on the basis of compromise arrived at between the parties. Consequence to follow.
10. The stay application also stands disposed of.
(ASHUTOSH KUMAR),J AARZOO ARORA /185